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Higher Education Policy Newsletter

April 2, 2021 — Lewis-Burke Associates LLC

March was full of trillion-dollar federal proposals with direct impacts on education and workforce. The $1.9 trillion American Rescue Plan Act was signed into law on March 11, and the Biden Administration announced the $2+ trillion American Jobs Plan, which aims to “create millions of good jobs, rebuild our country’s infrastructure, and position the United States to out-compete China.” While the American Rescue Plan was focused on COVID-19 relief and recovery, the American Jobs Plan is focused on modernizing infrastructure.  The American Jobs Plan represents “part one” of President Biden’s two-part approach, with the majority of funding dedicated to typical infrastructure projects such as roads, clean energy infrastructure, and fixing bridges, and more limited investments in K-12 and community college infrastructure and support for workforce development programs.  Lewis-Burke’s analysis of the American Jobs Plan is available here.  The second part of the package, the American Family Plan, will focus on “human infrastructure” and likely will include proposals to provide universal pre-kindergarten and free community college.  President Biden announced details for the American Family Plan will be forthcoming.
  
On Capitol Hill, Congress is beginning to consider fiscal year (FY) 2022 appropriations.  The higher education community is advocating for a maximum Pell Grant award of $12,990 dollars, which is double the current maximum award amount of $6,495.  While the appropriations process has begun, we likely will not see text of appropriations bills until late spring and early summer. In addition to appropriations, Congress has considered other pieces of legislation with the potential to impact the higher education community.  This month, the U.S. House of Representatives passed the American Dream and Promise Act of 2021, which provides a pathway to citizenship for some DACA and Temporary Protected Status recipients.  The bill has yet to be taken up in the Senate.  Additionally, Democrats on the House Energy and Commerce Committee recently introduced the Leading Infrastructure for Tomorrow’s America (LIFT) Act, which would invest $80 billion for broadband deployment and $9 billion in initiatives to ensure broadband is affordable to all Americans.  In a hearing held on the legislation, committee members frequently referred to access to education as one of the main reasons broadband deployment is an equity issue.  Finally, the Senate Health, Education, Labor, and Pensions (HELP) committee held a confirmation hearing for San Diego Unified Superintendent Cynthia Minette Marten to become the Education Department’s Deputy Secretary.  The Senate has not yet voted on her nomination.
 

IN THIS ISSUE

CONGRESSIONAL UPDATES AND NEWS 

House Education Committee Considers Future of Higher Ed   
A March 17 hearing from the House Education and Labor Subcommittee on Higher Education and Workforce Investment titled, “Rising to the Challenge: The Future of Higher Education Post COVID-19,” included discussions on how higher education might respond to the COVID-19 pandemic.  Members and witnesses discussed the need to lower the cost of college, federal-state partnerships, accountability, and accreditation, among other topics.  In her opening remarks, Subcommittee Chairwoman Frederica Wilson (D-FL) noted, “Congress must also take bold action to lower the cost of college… it includes expanding Pell Grants, the cornerstone of federal student aid, so that fewer students have to take out student loans.” 

Full Committee Chairman Bobby Scott (D-VA) took the opportunity at the hearing to highlight support for short-term Pell Grants, while ensuring bad actors are not able to offer low-quality courses.  While progress may be made on short-term Pell Grants or even doubling the maximum individual Pell Grant, many of these other recommendations will likely require a reauthorization of the Higher Education Act (HEA).  Given the crowded legislative calendar and narrow Democratic majorities in the House and Senate, an HEA reauthorization seems unlikely. 

HELP Committee Leadership Solicits Comment on Workforce Development Policies
U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee Chairwoman Patty Murray (D-WA) and Ranking Member Richard Burr (R-NC) recently requested stakeholder input on workforce development policy ideas.  With the call for public comment, the Senators announced they intend to work together on bipartisan workforce development legislation that will update worker training programs, encourage innovation, and expand the National Apprenticeship Act.  Specifically, the Senators are looking for proposals regarding how to improve workforce training in relation to COVID-19, ways to reform programs authorized by the Workforce Innovation and Opportunity Act, strategies to encourage innovation to address needs of industry and workers, and ways to modernize and diversify the national apprenticeship system.  It is anticipated the HELP Committee will mark-up a workforce development package this summer.  Comments should be submitted to HELPWorkforceComments@help.senate.gov by April 9, 2021. Additional information, including the full call for public comment, is available here.

Campus Safety Survey Advances in House; Administration Reviewing Title IX Rules 
The U.S. House of Representatives recently passed a reauthorization of the Violence Against Women Act (VAWA), H.R. 1620, which included an amendment that would require the Department of Education to develop a campus survey tool “to gather information on student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including the experiences of victims of such incidents.”  Institutions of higher education would have to administer surveys to “an adequate, random, and representative sample size of students” every two years, publicly posting the results.  It is still unclear whether the Senate plans to take up the House-passed version of VAWA reauthorization. 

Also this past month, President Biden signed an executive order calling on the Secretary of Education and Attorney General to review current regulations, guidance, and policies related to Title IX of the Educational Amendments Act of 1972, including the former Secretary Betsy DeVos’s Title IX compliance rule.  The order calls on Secretary Miguel Cardona to consider suspending, rescinding, or revising the policies.  In response, the Republican leaders of the House and Senate education committees, Rep. Virginia Foxx (R-NC) and Senator Richard Burr (R-NC), sent a letter to Secretary Cardona urging the DeVos-era Title IX rule be maintained.  The Biden Administration is expected to finish the review of the regulations within 100 days.  

Legislative Bills of Note 

  • S. 821 (Senator Richard Burr, R-NC)- Repay Act.  This legislation would introduce two repayment programs for student loan debt: a fixed, 10-year repayment plan and a single, simplified income-driven repayment option.  The full press release from Senator Burr can be found here.
  • S. 744 (Senator Amy Klobuchar, D-MN)- Report and Education About Campus Hazing (REACH) Act.  This legislation would require institutions to establish a campus-wide, research-based program to educate students about the dangers of hazing and require incidents of hazing to be disclosed by colleges in their annual crime report.  The full press release from Senator Klobuchar can be found here.
  • S. 839 (Senator Bill Cassidy, R-LA)- College Transparency Act (CTA).  This bipartisan legislation would remove the federal ban on a student-level data system and instead require universities to report on student outcomes such as enrollment, completion, and post-college earnings across colleges and majors, while ensuring privacy of individual students.  Read the full press release from Senator Cassidy here.
  • H.R. 1814 (Rep. Rosa DeLauro, D-CT)- Civics Secures Democracy Act.  This bipartisan legislation would authorize the Secretary of Education to create a variety of grant opportunities, including those for institutions of higher education, to expand access to civics and history education.  Read the full press release from Representative DeLauro here.
  • H.R. 1903 (Rep. Most Bost, R-IL)- Establishment for Rural Teaching Residencies.  This legislation would require that the Department of Education ensure that funding under the Teacher Quality Partnership (TQP) grant is equal to K-12 students student in rural areas.  The full press release by Representative Bost can be found here.
ADMINISTRATION AND AGENCY UPDATES AND NEWS

HEERF II Guidance and American Rescue Plan (ARP) Implementation     
On March 19, the U.S. Department of Education (ED) announced new assistance to institutions regarding use of COVID-19 relief funds through the duration of the pandemic.  The guidance provides examples to help institutions to identify sources of lost revenue and to measure and document lost revenue.  Specifically, the guidance notes a change in the Department’s prior position which previously only allowed funds received under the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA) to be used for costs incurred on or after December 27, 2020, the date of the enactment of the CRRSAA.  Grantees will now have the flexibility to charge costs back to March 13, 2020, the date of declaration of the national emergency.  ED notes that this guidance will apply to “all HEERF grant funds, including unspent CARES Act funds, CRRSAA funds, and [American Rescue Plan Act] funds.” ED also informed postsecondary institutions they can conduct direct outreach to students who may meet temporarily expanded eligibility criteria for the Supplemental Nutrition Assistance Program (SNAP). 

Details on funding opportunities related to the American Rescue Plan Act, which included around $130 billion for K-12 education, $40 billion for higher education, $100 million for the Institute of Education Sciences (IES), and $600 million for the National Science Foundation (NSF), are beginning to be announced.  IES is planning to partner with NSF to harness AI research for intelligent tutoring and students with special needs.  The funding for NSF will also support education and workforce research and efforts. 

Secretary Cardona Announces Student Loan Relief for Select Student Populations  
In his first actions related to higher education, U.S. Department of Education (ED) Secretary Miguel Cardona recently made three announcements regarding postsecondary student loan debt forgiveness.  First, Secretary Cardona forgave $1 billion dollars in student loan debt for students who were defrauded by their institutions.  This was a reversal of policy from former Secretary DeVos, who granted only partial relief to defrauded borrowers; it is estimated the new policy will help 72,000 Americans.  Additionally, Secretary Cardona announced ED will be pausing certain paperwork requirements related to student loan forgiveness for students who become temporarily or permanently disabled.  Finally, ED extended the pause on federal student loan collections and interest due to the COVID-19 pandemic to all defaulted loans in the Federal Family Education Loan Program.  The Department of Education has yet to take action on broad student loan forgiveness for all borrowers, a topic that was discussed at length during the 2020 election.  

ICE Shows Declining International Student Enrollment; H1B Visa Update 
A recent report by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) states that new international student enrollment decreased 72 percent in 2020 compared to 2019.  The report suggests the large decrease in new international students is likely a result of the COVID-19 pandemic, as the number of new international students in January 2020 was on par with January 2019 and the largest decrease in new international student enrollment happened in August and September 2020.  The Northeast, which was an early COVID-19 epicenter, saw the biggest decrease in international students out of all the regions in the United States.  The ICE report shows that all continents had a decrease in the number of students that came to the United States in 2020.  In addition to the number of new international students decreasing, the number of current international students in the United States who were granted an Employment Authorization Document to participation in the Optional Practical Training (OPT) program decreased 12 percent from 2019-2020.  Additional details can be found in the full ICE report, which is available here.

In news related to international guest workers, President Biden allowed the Trump Administration’s ban on temporary visas for certain groups of guest workers, including engineers or coders in the technology industries, students participating in work-study programs, and non-agricultural seasonal employees, to expire on March 31.  President Biden’s decision to allow the temporary visa ban to expire follows his revocation of former President Trump’s ban on new green cards.  In a statement about the decision, President Biden said neither policy “advanced the interests of the United States.”  Business and technology leaders have largely supported President Biden’s decision, as many companies rely on temporary guest workers to supplement their domestic workforce.   

Open Funding Opportunities 

ED Releases Title III/V Eligibility Waiver Applications for IHEs  
The Department of Education (ED) announced invitations for institutions of higher education (IHEs) to apply for designation and waivers of eligibility requirements for fiscal year (FY) 2021 for programs including, but not limited to, Predominantly Black Institutions (PBI), Native American-Serving Nontribal Institutions (NASNTI), and Hispanic Serving Institutions (HSI).  The Eligibility Matrix (EM), instituted by ED, makes the determination of eligibility using enrollment and fiscal data from the 2018-2019 year submitted by institutions.  The Department's determination that an institution is eligible is solely for the purpose of the institution's ability to apply for and receive grants under certain programs. Eligibility requirements for each specific program can be found in the full announcement.   

Applications should be submitted no later than April 5, 2021.  To see your institution’s current eligibility status with the EM go to https://HEPIS.ed.gov.  The full announcement with more information can be found here.

ED Releases RFI on Supporting the Reopening and Continuing Operation of Schools 
The Department of Education (ED) has released a request for information (RFI) titled, “Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers,” consistent with President Biden’s Executive Order (EO) of the same name.  The EO directs the Department to ensure all students receive a high-quality education through the reopening of schools, from the pre-K to postsecondary levels.  Responses will be taken into consideration as ED develops the “Safer Schools and Campuses Best Practices Clearinghouse,” which will include lessons learned and best practices to enable places of educational instruction, including institutions of higher educations, to open safely during a pandemic, as well as resources published by the ED and other federal agencies in response to the pandemic.  ED is seeking responses of lessons learned in three topic areas: 
  • Safe and healthy environments; 
  • Providing support to students to meet their social, emotional, mental health, academic, financial, and other needs, including access to food and other basic needs; 
  • Teacher, faculty, and staff well-being, professional development, and supports. 
Examples of lessons learned in each topic area can be found in the full program announcement.  The Department is receiving responses on a rolling basis until September 2021 and should be submitted to Bestpracticesclearinghouse@ed.gov.  The full RFI announcement can be found here.

ED Opens Applications for Child Care Access Means Parents in School Program (CCAMPIS) 
The Department of Education (ED) issued a notice inviting applications (NIA) for new awards in the Child Care Access Means Parents in School Program (CCAMPIS) for fiscal year (FY) 2021.  The program focuses on supporting low-income parents in postsecondary education with campus-based childcare services.  The NIA has two absolute priorities and three invitational priorities, details of each can be found in the full notice: 
  • Absolute Priority 1: Projects that are designed to leverage significant local or institutional resources, including in-kind contributions, to support the activities assisted under section 419N of the HEA.
  • Absolute Priority 2: Projects that are designed to utilize a sliding fee scale for child care services provided under section 419N of the HEA in order to support a high number of low-income parents pursuing postsecondary education at the institution.”
    • Invitational Priority 1: Supporting Students Who Are Single Parents 
    • Invitational Priority 2: Addressing Child Care Shortages Due to COVID 
    • Invitational Priority 3: Providing Wrap-Around Services for Low-Income Parents in Postsecondary Education 
ED expects to award up to 275 awards, each ranging in funding from $30,000 to $443,492, for a period of performance up to 48 months.  Cost sharing is not required.  Institutions of higher education that awarded a total of $250,000 or more of Federal Pell Grant funds during FY 2020 to students enrolled at the institution are eligible to apply for this funding opportunity.  Applications are due no later than June 1, 2021 via www.grants.gov.  The full NIA announcement can be found here.

DOL Registered Apprenticeship Technical Assistance Centers of Excellence 
The Department of Labor (DOL) released a funding opportunity announcement, “Registered Apprenticeship (RA) Technical Assistance (TA) Centers of Excellence (COE).” DOL will support four COE focused on the expansion and modernization of TA available in the registered apprenticeship system and build on existing apprenticeship efforts already in place.  While higher education institutions and organizations could apply as a lead applicant, participating as members of a consortia is encouraged.  The opportunity will support the following four RA technical assistance COE: 
  • Diversity and Inclusion Center will focus on providing technical assistance on effective strategies to support demonstrated increases in registered apprenticeship opportunities for underrepresented populations; 
  • Strategic Partnerships and System Alignment Center will provide technical assistance on a national scope to Registered Apprenticeship Program (RAP) sponsors implementing RAPs. The RA TA Center of Excellence will engage key stakeholders, including federal agencies (e.g., Department of Education), economic development organizations, business, organized labor, and industry groups; 
  • Apprenticeship Occupations and Standards Center will focus on the development of RAP frameworks (competency-based, hybrid, and other innovative models), national RAP standards including those that include industry-recognized credentials, and supporting industry in meeting RAP design and development requirements; 
  • Data and Performance and Best Practices Center will focus on conducting data analysis, data system building, and resource development that will support administrative and systems improvements, including technological advancements that promote registered apprenticeship within state systems. 
Single and consortia applications are encouraged for each RA TA Center of Excellence.  The FOA states “Public and private, non-profit organizations including institutions of higher education (as defined in Section 101(a) of the Higher Education Act) are eligible to participate as members of the consortium.” Potential opportunities for higher education institutions and organizations to participate as members can be viewed in the full analysis by Lewis-Burke Associates found here.

DOL expects the availability of approximately $31 million to fund approximately four cooperative agreements: 
  • Diversity and Inclusion Center: up to $13 million; 
  • Strategic Partnerships and System Alignment Center: up to $7 million; 
  • Apprenticeship Occupations and Standards Center: up to $7 million; and 
  • Data and Performance and Best Practices Center: up to $4 million. 
Eligible applicants will include organizations that can provide TA services on a national scale to support the expansion and modernization of TA available in the registered apprenticeship system.  Applications are due April 29, 2021, no later than 4:00 p.m. ET.  The full FOA can be found on www.grants.gov under solicitation number “FOA-ETA-21-06" or here.

FACTS AND FIGURES: Life Expectancy in Adulthood is Falling for Those Without a BA Degree 

“The figure establishes a pattern of almost continuous progress for both education groups until 2010 but with widening gaps followed by an absolute decline for those with less education after 2010. Americans with a BA continue to make progress but at a slower rate than before 2010. By 2018, they could expect 48.2 y out of a possible 50, compared with 45.1 y for those without a BA.” 

Source: Anne Case and Angus Deaton, PNAS, https://www.pnas.org/content/118/11/e2024777118 
WHAT WE'RE READING

Recommendations for Successfully Transitioning Federal Student Loan Borrowers Back Into Repayment
 
“Below, we outline recommendations for concrete steps that ED and FSA can take before the payment pause ends to ensure all borrowers can transition successfully back into repayment. We are encouraged by the inclusion in the American Rescue Plan of $91.1 million for student aid administration, which will help enable ED to implement key strategies for successfully transitioning borrowers back into repayment. We urge ED and FSA not to delay and to take full advantage of the next seven months to implement these recommendations.” 

Source: CAP, New America, NASFAA, TICAS, Pew Charitable Trusts: https://www.nasfaa.org/uploads/documents/Memo_Transitioning_Borrowers_Repayment.pdf 
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